Northwest History. State History. Counterfeiting Courts Alienations Statistics. 1936 to 1938

WEBSTER CASTS
DOUBT ON RULE
OF STATE COURT
Federal Judge J. Stanley
Webster said today he is "convinced" the state supreme court
was "plainly wrong" in the decision in which it held the 1935 state criminal sentencing law
'applies to crimes committed before the law went into effect.
The jurist's criticism of the state
court's decision came during a
hearing in the case of August
Mehlhorn, one of the state penitentiary convicts released by Judge
Webster on a habeas corpus writ.
Judge Webster denied Mehlhorn's
request for a restraining order
against the sheriff and district attorney of King county to prevent
them from rearresting him and
prosecuting other charges.
Will Not Erect Barrier.
"I'm not going to erect a barrier
by which men can not be properly
sentenced," Judge Webster said, in
denying the motion.
"Melhorn was charged with six
counts. He pleaded guilty to two
and other counts were dismissed.
Unless the statute of limitations
Was run against them, these charges may be brought, as a
charge previously filed and then
dismissed does not constitute a former jeopardy."
Referring to the case of E R.
Lindsey, Spokane, which now is before the United States supreme
court, Judge Webster declared:
"I am convinced the decision of
the state supreme court in the
Lindsey case, holding the act of
1935 applies to crimes committed
before it went into effect, is plainly wrong."
But he called attention to a general saving statute in the state
law, which, he said, "the state
supreme court evidently did not
have before it."

Click tabs to swap between content that is broken into logical sections.

WEBSTER CASTS
DOUBT ON RULE
OF STATE COURT
Federal Judge J. Stanley
Webster said today he is "convinced" the state supreme court
was "plainly wrong" in the decision in which it held the 1935 state criminal sentencing law
'applies to crimes committed before the law went into effect.
The jurist's criticism of the state
court's decision came during a
hearing in the case of August
Mehlhorn, one of the state penitentiary convicts released by Judge
Webster on a habeas corpus writ.
Judge Webster denied Mehlhorn's
request for a restraining order
against the sheriff and district attorney of King county to prevent
them from rearresting him and
prosecuting other charges.
Will Not Erect Barrier.
"I'm not going to erect a barrier
by which men can not be properly
sentenced," Judge Webster said, in
denying the motion.
"Melhorn was charged with six
counts. He pleaded guilty to two
and other counts were dismissed.
Unless the statute of limitations
Was run against them, these charges may be brought, as a
charge previously filed and then
dismissed does not constitute a former jeopardy."
Referring to the case of E R.
Lindsey, Spokane, which now is before the United States supreme
court, Judge Webster declared:
"I am convinced the decision of
the state supreme court in the
Lindsey case, holding the act of
1935 applies to crimes committed
before it went into effect, is plainly wrong."
But he called attention to a general saving statute in the state
law, which, he said, "the state
supreme court evidently did not
have before it."